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Question
Patron sues Market in federal court after a stack of glass jars fell from a display and cut her arm. Market claims Patron pulled the display toward herself. Patron claims the display collapsed on its own.
Patron offers three statements. First, a shopper who was walking past the aisle called her spouse while the jars were still falling and said, "The whole endcap is tipping over onto that woman." Second, seconds after the crash, Patron screamed to the store manager, "The shelf just collapsed on me." Third, in the emergency room 30 minutes later, Patron told the physician, "A store shelf fell on my arm when an employee left the locking pin out." The physician says knowing the general cause of the laceration helped evaluate contamination and possible glass fragments, but the employee's fault did not affect treatment.
How should the court analyze the three statements under the hearsay exceptions? Discuss present sense impression, excited utterance, statements for medical diagnosis or treatment, and any partial exclusion or limiting instruction.